Affirmative Action Goals and Timetables: To o Tough? Not Tough Enough!

Abstract

Given all the media hoopla over the Supreme Court's recent approval of racially and sexually defined employment goals and timetables, one would think that a weapon of awesome power and broad scope had been added to the enforcement arsenal of the Equal Employment Opportunity Commission [EEOC or the Commission]. I am sorry to disappoint you, but the availability of goals and timetables will not mean the end of employment discrimination. Goals and timetables, long a popular rallying cry among some who claim to be concerned with the right to equal employment opportunity, have become a sideshow in the war on discrimination. The vast majority of all charges of employment discrimination now filed with the EEOC involve violations for which goals and timetables are not appropriate as a form of relief. Even in those circumstances where goals are available as a remedy, there are generally tougher and more effective alternatives available. Despite my personal disagreement with the Court's approval of numerical remedies, as Chairman of the EEOC, I am nevertheless grateful that the legal debate over goals and timetables has been resolved so that attention can be focused on the facts and the real issues in the EEOC's battle against employment discrimination.